Dáil Éireann debate -
Tuesday, 25 Nov 2014

Vol. 859 No. 1

Order of Business

The Taoiseach

It is proposed to take No. 16, Social Welfare Bill 2014 – motion to instruct committee; No. 17, motion re: ministerial rota for parliamentary questions; No. 36, Finance Bill 2014 - Order for Report, Report and Final Stages; No. 18, motion re proposal that Dáil Éireann shall consider the report of the Committee on Procedure and Privileges, entitled Relevant report on the relevant proposal for a banking inquiry under Standing Orders and the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013; No. 19, motion re terms of reference of inquiry into banking crisis, to be moved on the conclusion of No. 18; and No. 20, motion re amendment of orders of reference of joint committee of inquiry into the banking crisis, to be moved on the conclusion of No. 19.

It is proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 9 p.m. and shall adjourn on the conclusion of No. 20; (2) Nos. 16, 17, 19 and 20, shall be decided without debate; and (3) the proceedings in relation to No. 18 shall be taken at 9 p.m. and shall, if not previously concluded, be brought to a conclusion after 49 minutes and the following arrangements shall apply: (i) the speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed six minutes in each case, and such Members may share their time; (ii) the speech of a member of Government and of the Fianna Fáil Party, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed five minutes in each case, and such Members may share their time; and (iii) Deputy Ciarán Lynch shall make a speech in reply which shall not exceed five minutes. Private Members’ business shall be No. 175, motion re human rights budgeting.

Tomorrow’s business after Oral Questions shall be No. 36, Finance Bill 2014 - Report Stage (resumed) and Final Stage; No. 9, Health Insurance (Amendment) Bill 2014 - Order for Second Stage and Second Stage; and No. 37, Workplace Relations Bill 2014 - Report Stage (resumed).

An Ceann Comhairle

There are three proposals to be put to the House. Is the proposal for dealing with the late sitting agreed to? Agreed. Is the proposal for dealing with Nos. 16, 17, 19 and 20, agreed to? Agreed. Is the proposal for dealing with No. 18 agreed to? Agreed.

Deputy Micheál Martin

Does the Government have plans to withdraw the section of the programme for Government dealing with health and bring before the House a more realistic programme for Government in this regard? It belongs to fantasy land at this stage. Very little of it has seen reality and very little of it will. That said, I seek clarification on promised legislation contained in the programme. It states a system of universal health insurance will be introduced by 2016, with the legislative and organisational groundwork for the system to be completed within the Government's term of office. Will the Taoiseach indicate when this legislation will be introduced?

The Government has indicated and promised a review of the fair deal system of financing nursing home care. More than 2,500 people have been waiting 20 weeks to be granted eligibility under the scheme, which is causing immense stress and anxiety. This is due to the lack of resources the Government has provided for the scheme. Will the Taoiseach indicate when the review of the fair deal scheme will be produced and when changes will occur to ensure people will not be waiting as long as they are at present?

Legislation has been promised on assisted human reproduction, including to the law relating to parental relationships arising from assisted human reproduction. The Minister, Deputy Leo Varadkar, recently stated it was a priority. Will the Taoiseach indicate when the heads of the Bill will be published? Will the Taoiseach again clarify the commitment in the programme for Government, which states the Government will legislate to regulate stem cell research? When can we expect this legislation?

The Taoiseach

I do not have a date in respect of stem cell research. I expect proposals on the legislation dealing with human reproduction to be at Cabinet before the end of this session. Deputy Martin raised three issues with regard to health. We have already pointed out the pathways leading to universal health insurance will be in the second half of the next Government.

Deputy Micheál Martin

The programme for Government states it will be this Government.

The Taoiseach

I suggest that perhaps we might-----

Deputy Micheál Martin

The next Government?

The Taoiseach

Universal health insurance would become operative then.

Deputy Michael Healy-Rae

That might not be far away.

Deputy Bernard J. Durkan

Deputy Healy-Rae could be Taoiseach.

The Taoiseach

I suggest when the Minister makes his statement on the health service plan, which is being put in place for next year by the Health Service Executive, we could have a discussion at an appropriate time in the House to deal with all of these matters, including questions on the fair deal review which the Deputy mentioned.

Deputy Micheál Martin

Is legislation on stem cell research still part of the Government's programme?

The Taoiseach

I will come back to the Deputy with the up-to-date situation in so far as the programme of work is concerned.

Deputy Micheál Martin

That is the problem. We do not know reality from fantasy, genuinely.

The Taoiseach

I cannot tell the Deputy where the legislation is but I will come back to him.

Deputy Micheál Martin

I invite the Taoiseach to read it himself.

Deputy Gerry Adams

I wish to raise the Immigration, Residence and Protection Bill. Tá ceist agam maidir le reachtaíocht atá beartaithe le fada an lá. Táimid ag fanacht ar an mBille seo le fada. Tá a lán daoine an-bhuartha faoi. Tá mise, an Taoiseach agus daoine eile ag obair ar son daoine Éireannacha sna Stáit Aontaithe ach sa Stát seo níl an Rialtas ag déanamh an rud ceart leis na daoine bochta a tháinig anseo ó thíortha eile. Much has been said about the deplorable conditions of those seeking asylum in this State and the conditions in which they are forced to live. I have seen it myself in the Mosney accommodation centre in Louth, where some children aged nine or ten have been there all of their lives and have never known any other life. Residents from the centre will be in the Dáil on 3 December. Will the Taoiseach confirm what is the progress of the Immigration, Residence and Protection Bill and how might it impact on those enduring life in accommodation centres? Will he also outline whether the Government has met groups such as the Irish Refugee Council or Nasc, which have levelled criticisms of the Bill?

Tá ceist amháin eile agam don Taoiseach maidir le Bille na dteangacha oifigiúla. An tseachtain seo caite, dúirt an Taoiseach liom gur botún nó meancóg a bhí ann nuair a úsáideadh Google translate chun an suíomh idirlín do Chomóradh 1916 a aistriú go Gaeilge. Irish language groups, which were already very nervous about the intentions of the Government, see the fiasco of the disastrous use of Google translate as a blatant disregard for their rights and the rights of other Gaelgóirí. It all adds to the ongoing erosion of Irish speakers' rights, particularly and not least in Gaeltacht areas. The Taoiseach had promised to publish the official languages Bill this session and stated so earlier this month. Will he give certainty on the date? Will the official languages Bill be published, as was promised, during the session?

The Taoiseach

Ní chóir don Teachta a bheith neirbhíseach faoi staid na Gaeilge nó an seans a bheidh ag gach duine páirt a ghlacadh léi. Dúirt mé an tseachtain seo caite gur córas aistriúcháin a úsáideadh nuair a cuireadh ar an idirlín an téacs Gaeilge agus níor tógadh síos é. Ba cheart go mbeadh sé sin ceart sa chéad áit. Glacaim leis an méid atá ráite ag an Teachta agus nár chóir é a bheith le feiceáil ag chuile duine. Ní tharlóidh sé sin arís.

In respect of the immigration Bill on the Order Paper, it will not proceed because too many amendments have been submitted. It will have to be redrafted and is listed for early next year. A great deal of work is going on at present because of the number of amendments submitted to it. The Deputy is aware the Government established an independent working group in regard to the question of immigration and direct provision. It was set up under former High Court judge, Mr. Justice Bryan McMahon, to report to the Government on improvements in the protection processes, including direct provision and supports for asylum seekers. This working group includes experts from various fields, such as NGOs and relevant Government Departments.

The Deputy is aware of the outcome of the court case on 14 November. Mr. Justice Mac Eochaidh gave his reserved judgment in the CA and TA judicial review proceedings challenging the legality and constitutionality of the direct provision system. The ruling was the applicants had failed to prove that direct provision is a breach of human rights or a form of inhuman and degrading treatment. This was the finding of a High Court judge. In his ruling the judge also dealt with the issues of visitor rules and independent complaints mechanism. It was very lengthy judgment, which has been published and I am sure the Deputy will read it. It must be studied very carefully by the Department of Justice and Equality and the Minister, with a view to its being implemented at the earliest possible time. In implementing the judgment, account must be taken of the continued safety and security of the residents, including specifically child protection and Garda vetting. This work is in hand following the judgment given on 14 November.

Deputy Billy Timmins

On 21 October, the Minister for Finance stated he was looking forward to the fiscal assessment report. Statements were held in the House at the time, and the matter is No. 48 on the Order Paper. Will the Taoiseach put time aside as soon as possible for these statements to be resumed?

That report now questions the expenditure figures outlined in the comprehensive expenditure report and questions the predicted revenue figures outlined in the budget. I am not sure if the Minister is happy with the final outcome of that report, particularly since he was looking forward to it. As a result of the mistakes made here, certain systems were put in place to avoid a recurrence. This was one of the mechanisms. The Government appears to have ignored the advice of the committee. Will the Taoiseach allow time for statements on the issue next week?

The Taoiseach

I thank the Deputy for his comments. The independent Fiscal Advisory Council was established as a result of a recommendation from the troika to give independent fiscal advice to the Government. The Government is about considering and making decisions on budgetary matters. The Government must also take into account the social implications of recommendations from the independent Fiscal Advisory Council. Were the Government to have proceeded to impose a further €2 billion in cuts to services or whatever, people would have been very much more constrained than they have been. The Government took into account the social implications and set out the path to a sustainable future where flexibility emerging in the economy can be given back to the people, for instance, through reductions in income tax where a person on the minimum wage will get back about €173 starting in January. A person on the average industrial wage of €35,000 will get back €400 starting in January. A couple drawing €50,000 to €55,000 each will get back more than €1,000. The emphasis has been on the squeezed middle earning between €30,000 and €70,000. Had the Government taken the view of the Irish Fiscal Advisory Council entirely to heart, the situation would have been very different.

The economy is showing signs of confidence. Our consumer confidence is the highest for seven years and the Deputy can see the impact of a rising economy in terms of traffic jams appearing again on roads. The number of cars being bought has increased. We are very conscious, as the Deputy is, that this has not filtered down to every family in the country and that is where we need it to be. Government is about judgment and making decisions. We chose to make these decisions on the basis of the implications for the people. I do not disagree with the Deputy's assertion that time should be allocated for a discussion on this at an appropriate time and I will discuss that with the Whip.

Deputy Billy Timmins

Just briefly-----

An Ceann Comhairle

No, sorry-----

Deputy Billy Timmins

I do not disagree with the Taoiseach, but the report questions the basis of some of the projected expenditure and revenue figures. That is a worrying development.

An Ceann Comhairle

Sorry, Deputy we cannot debate the issue now. I call Deputy Healy-Rae.

Deputy Billy Timmins

I do not disagree with what the Taoiseach has said, but that is an issue that needs to be addressed.

The Taoiseach

We are happy that we are recognised as the fastest growing economy in western Europe.

Deputy Michael Healy-Rae

Will time be allotted before Christmas to discuss the climbdown on medical cards the Minister for Health announced today?

An Ceann Comhairle

I thank the Deputy.

Deputy Michael Healy-Rae

Yesterday in my constituency-----

An Ceann Comhairle

That is fine.

Deputy Michael Healy-Rae

-----a lady who has been PEG-fed for four years and has not spoken in four years was refused her medical card on review. That has happened on the Taoiseach's watch.

An Ceann Comhairle

Is time being-----

Deputy Michael Healy-Rae

She has been PEG-fed for four years and has not spoken for four years.

An Ceann Comhairle

Deputy, would you please-----

Deputy Michael Healy-Rae

She was refused a medical card.

An Ceann Comhairle

Deputy, would you please resume-----

Deputy Michael Healy-Rae

I am very sorry, a Cheann Comhairle, but you would not deny me getting that in.

An Ceann Comhairle

No, but-----

Deputy Michael Healy-Rae

That is fairly serious.

The Taoiseach

The question of medical cards could be raised by the Deputy in the context of a discussion on the HSE service plan. The matter has been reviewed by the Government and the Minister has made some announcements about flexibility and greater discretion. I do not regard a system that has been assessed as being more appropriate than what was in place previously as being in any way a climbdown. This is about giving the Deputy's people and all our people the opportunity to have access to the health facilities in the fairest way possible.

Deputy Dessie Ellis

It is clear that some landlords are rowing back on tenancy agreements and contracts, and making tenants homeless or forcing them to search for a new place in a marketplace where none is available. While most landlords behave responsibly, tenants' rights need to be protected and enhanced. I hope the landlord and tenants Bill will give more clarity and clearer guidelines. When will the Bill be published? There is even greater urgency given the recent homeless figures. I know the Minister will talk about the situation in respect of homelessness and housing tomorrow. Can we have a debate on that as well?

The Taoiseach

Tomorrow the Minister will announce a strategy to deal with social housing where the Government has made available €2.2 billion to provide 35,000 units by 2020. We are spending more on homelessness than most other European countries and yet for some inexplicable reason it does not seem to register in terms of dealing with the numbers we have to deal with. I think the Minister will also address that matter tomorrow. That is an issue we would be happy to debate when we get an opportunity to do so.

Deputy Eric Byrne

Ireland needs to ratify the United Nations Convention on the Rights of Persons with Disabilities. To do that we need the completion of the Assisted Decision-Making (Capacity) Bill. I know it had reached Committee Stage and technical amendments were being suggested. Will we see it this year?

The Taoiseach

The Bill is awaiting Committee Stage. A number of amendments have been submitted. It is due to come to the House but those amendments are being drafted. I will give the Deputy an update on the work to conclude those amendments. It is due to come to the House for Committee Stage.

Deputy Ray Butler

When will we see publication of the Bill to provide for the exchange of criminal records information with other EU member states and other designated states? There was a very violent robbery in Trim last week where criminal gangs robbed jewellery shops. In the past two to three years 30 to 40 jewellery shops throughout the country have been robbed. These people leave the country within 24 hours. Great Britain is introducing new border control laws and passport rules and we need to look at this. It is a serious problem. The gentleman in my constituency who was robbed is now closing his business after last week's robbery. What went on was scandalous. We have to look at border controls and passport rules. There is no point in flashing a passport and letting people in just because they are from the EU. We have to look at it. It is a serious problem.

The Taoiseach

That Bill is due early next year.

Deputy Joan Collins

Regarding the proposed mother and baby homes inquiry, how can the Taoiseach square stating in the Chamber last Wednesday week that all incidents of sexual abuse should be examined when the Minister for Children and Youth Affairs was at the same time telling the Westbank Orphanage survivors that sexual or any other kind of abuse will not be examined in the proposed mother and baby homes inquiry?

The Taoiseach

I think that is due to go fairly soon. The Minister has done considerable work on it and I think he will make an announcement reasonably quickly. I will advise the Deputy as to its status.

Deputy Joan Collins

What about the Westbank Orphanage survivors?

The Taoiseach

It is a difficult case, as the Deputy is aware, but I think the Minister is aware of it and obviously will make a decision.

An Ceann Comhairle

I call Deputy Collins. Sorry, I mean Deputy Lawlor.

Deputy Anthony Lawlor

I would not mind if it was Michael Collins, but it is not.

An Ceann Comhairle

I did not recognise the Deputy with his growth.

The Taoiseach

He is like a Norwegian lumberjack.

Deputy Anthony Lawlor

I did not hear that. It went over my head.

The Taoiseach

He is like one of the Norwegian people.

Deputy Anthony Lawlor

I could be described as being on the run. My question relates to the housing and planning Bill that is supposed to be coming before-----

An Ceann Comhairle

There is a mobile phone ticking somewhere there.

A Deputy

It is in Michael Collins's pocket.

Deputy Anthony Lawlor

It is not me. The housing and planning Bill is supposed to be coming before the Dáil before Christmas. The Minister for the Environment, Community and Local Government, Deputy Kelly, has spoken about the building control regulations. Is he proposing to change the ones that were introduced through an amendment in 2014? Will the wind energy guidelines be published before Christmas?

There are many applications currently before An Board Pleanála. It would be important for it to be able to take on board the new wind energy guidelines regarding that on the planning side.

The Taoiseach

The planning (No. 1) Bill is being drafted. I cannot confirm if it will make it onto the Order Paper before Christmas. I will have to come back to the Deputy regarding the publication of the guidelines on wind energy. I know that this is a matter of concern to the Deputy as it is to many other people around the country.

Deputy Patrick O'Donovan

With regard to the promised criminal justice (offences relating to information systems) Bill, in May 2014 the report of the Internet Content Governance Advisory Group, which was set up by the previous Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, was published. It made two legislative recommendations, one related to the Non-Fatal Offences Against The Person Act 1997 and the other related to the Communications Regulation (Amendment) Act 2007. I raise this matter under the promised criminal justice (offences relation to information systems) Bill because of a blight on a great deal of political discourse, which is the issue of cyberbullying and the way in which some people are being attacked on the Internet in a totally ungoverned fashion.

An Ceann Comhairle

Thank you, Deputy.

Deputy Patrick O'Donovan

We saw it recently with the discourse here in respect of a very brave individual who brought forward allegations of sexual abuse in Northern Ireland. Will the Taoiseach make time available in the Dáil for a discussion on the Internet Content Governance Advisory Group report because it makes a serious recommendations to tighten up this area of the law and to unearth this practice which has been allowed to continue without limits? It is a scourge on many people.

The Taoiseach

The matter raised by the Deputy is a serious one. The criminal justice (offences relating to information systems) Bill is listed for publication by the middle of next year. It might be appropriate to have a short discussion in respect of the Internet governance content issue. This is affecting a great number of young people at the moment.

Deputy Bernard J. Durkan

Will the Taoiseach indicate the current position on promised legislation on the sale of loan books to unregulated third parties? While it is recognised that certain criteria have been observed it might be better to have a debate on this matter as soon as possible to influence policy generally in that area.

When will the legislation arising from the Magdalen commission report, the redress for women who were in certain institutions Bill, come before the House? Is it likely to be cleared before the end of this session?

The Taoiseach

Yes. The second Bill is listed for publication before the end of this session, as is the first Bill in respect of the sale of loan books to unregulated third entities. That is currently being drafted and is due for publication before the end of the year.

Deputy Peter Fitzpatrick

With regard to board membership on harbour boards, the purpose of the promised harbour (amendment) Bill is to amend the Harbour Acts to allow for the transfer of control of certain port companies to local authority control, to amend existing provisions regarding board membership and to repeal the Harbours Act 1946 and to provide for related matters. When can we expect the publication of that Bill?

The Taoiseach

That is listed for the middle of next year.

Deputy Michael McNamara

A former Member of this House, speaking of members of the legal profession, said that they see themselves as immune to reform and have made justice unavailable to all but the mega-rich and quangos in the State. He pointed out that the leading firm system of charging in advance by the hour is the same one used in calculating remuneration for a profession even older than the law.

Deputy Peter Mathews

Des O'Malley.

Deputy Michael McNamara

That is a former Minister for Justice, Des O'Malley's assessment of the legal profession. I understand that the Government is considering changing the law with regard to that profession which is even older than the law. When will we again have sight of the Legal Services Regulation Bill?. Has the Minister been got at, has the Bill been nobbled or is something going to happen when it comes to challenging the more powerful professions in Ireland?

The Taoiseach

That Bill is on Report Stage (resumed), as the Deputy will be aware. It was listed to be taken before Christmas. I cannot confirm it will be concluded by then but it is listed. Hopefully, it can be completed but if not, it will be completed very early in the next session.

Deputy Frank Feighan

When will the táillte Éireann Bill come before the House, the purpose of which is to merge the Property Registration Authority, the Valuation Office and the Ordnance Survey Office?

The Taoiseach

That is due next year.